Created by Fuzzy Cloud

Judgments of 2004

729 judgments · newest first · showing 1–200

RAMBHAU NAMDEO GAJREversusNARAYAN BAPUJI DHOTRA (DEAD) THROUGH LRS.

2005 INSC 384Dismissed

The appellant, R.N. Gajre, occupied agricultural land after acquiring it through a chain of agreements of sale, the first between the original owner (Narayan Bapuji Dhotra) and Pishorrilal Punjabi, and the second between Pishorrilal and the appellant. The respondent, legal representatives of the …

PANDURANG SITARAM BHAGWATversusSTATE OF MAHARASHTRA

2004 INSC 724Appeal(s) allowed

The appellant, a police constable and landlord, was convicted under Section 354 IPC for outraging the modesty of his tenant's wife, while the three co‑accused were acquitted. The trial court had found the complainant's and her son’s statements unreliable and declared them hostile, but still …

CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 720Disposed off

The petition sought a re‑consideration of the five‑Judge Constitution Bench decision in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, which held the Bombay Prevention of Ex‑communication Act, 1949 ultra‑vires. The matter had been listed before a seven‑Judge Bench, but the respondent filed …

SHRI ASHOK TANWAR AND ANR.versusSTATE OF H.P. AND ORS.

2004 INSC 721Dismissed

The Himachal Pradesh government sought to fill a vacancy for President of the State Consumer Redressal Commission by appointing a sitting High Court judge, Justice Surinder Swaroop. The government initially sent a proposal to the Chief Justice, but the High Court pointed out that the appointment …

BHANU KUMAR JAINversusARCHANA KUMAR AND ANR.

2004 INSC 723Appeal(s) allowed

The plaintiff filed a partition suit in 1976; the defendants repeatedly failed to appear, leading the trial court to post the case ex‑parte and pass a preliminary decree. The defendants filed applications under Order 9 Rule 7 and Rule 13 to set aside the ex‑parte order, both of which were dismissed, …

CHOLAN ROADWAYS LTD.versusG. THIRUGNANASAMBANDAM

2004 INSC 726Appeal(s) allowed

A bus driven by the respondent crashed, killing seven passengers. The employer dismissed the driver after a domestic enquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act. The Industrial Tribunal refused approval, holding that the enquiry was flawed …

NATHI DEVIversusRADHA DEVI GUPTA

2004 INSC 722Appeal(s) allowed

The appellant, Nathi Devi, was a long‑term tenant of premises that the respondent, Radha Devi Gupta, purchased in 1982. The respondent, a widow, filed an eviction petition under Section 14D of the Delhi Rent Control Act, 1958, claiming immediate possession for her own residence. The key issue was …

ASSTT. COMMISSIONER-CUM-LAND ACQUISITION OFFICER, BELLARYversusSRI S.T. POMPANNA SETTY

2004 INSC 728Case Partly allowed

The State appealed the award of compensation for 5.99 acres of land acquired for a tank restoration, where the land bore fruit‑bearing trees. The Reference Court had valued the land on a yield basis, multiplying the income from the trees by a 15‑year capitalization factor and awarded Rs 5 lakh (the …

SARABHAI M. CHEMICALSversusCOMMISSIONER OF CENTRAL EXCISE, VADODARA

2004 INSC 716Appeal(s) allowed

Sarabhai M. Chemicals, a bulk‑drug manufacturer, claimed exemption from excise duty under Notification No. 234/86 after obtaining certificates from the Drugs Controller. The Central Excise Department issued three show‑cause notices alleging that a portion of the sorbitol solution and vitamin C was …

DAMOH PANNA SAGAR RURAL REGIONAL BANK AND ANR.versusMUNNA LAL JAIN

2004 INSC 718Appeal(s) allowed

The employee, Munna Lal Jain, while temporarily acting as branch manager of Damoh Panna Sagar Rural Regional Bank, withdrew Rs.25,000 without authority and later repaid it with 24% interest. The disciplinary authority dismissed him, and the High Court directed the Board to reconsider the punishment, …

SONA CHANDI OAL COMMITTEE AND ORS.versusSTATE OF MAHARASHTRA

2004 INSC 719Dismissed

The appellants, licensed money lenders, challenged the inspection fee levied under Section 9‑A of the Bombay Money‑Lenders Act, 1946 for renewal of their licences, contending that it was a tax in disguise, excessive and violative of Article 14. The State argued that the fee was a regulatory charge …

STATE OF U.P. AND ORS.versusMANOHAR

2004 INSC 714Dismissed

Manohar, a landowner, filed a writ petition in the Allahabad High Court seeking a direction for the State of Uttar Pradesh to determine and pay compensation for land that had been taken and on which the State constructed office buildings. The High Court ordered the State to pay compensation within …

CHANDRAKANT UTTAM CHODANKARversusSHRI DAYANAND RAYU MANDRAKAR AND ORS.

2004 INSC 713Appeal(s) allowed

Chandrakant Uttam Chodankar and Jose Philips Domingo D'Souza filed election petitions challenging the election of respondents who were alleged to hold offices of profit. The Bombay High Court dismissed the petitions on preliminary grounds, holding that the copies of the petitions served on the …

M/S. PARLE BISCUITS (P) LTD.versusTHE STATE OF BIHAR AND ORS.

2004 INSC 715Disposed off

Parle Biscuits Ltd., a biscuit manufacturer, sought the concessional 4% sales‑tax rate on cardboard (corrugated) boxes used for packing, a benefit previously enjoyed by its predecessor under Section 13(1) of the Bihar Finance Act, 1981. After the 1985 amendment inserting clause (e) to Section 13(1) …

DATTARAJ NATHUJI THAWAREversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 712Dismissed

The petitioner, a member of the legal profession, filed a petition styled as a Public Interest Litigation (PIL) before the Bombay High Court, alleging unauthorized constructions and seeking redress. The High Court dismissed the petition, finding no genuine public interest, noting the petitioner’s …

UNION OF INDIA AND ANR.versusSHRIMATI CHAYA GHOSHAL AND ANR.

2004 INSC 710Disposed off

The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. …

RAMESH CHANDRA RAMPRATAPJI DAGAversusRAMESHWARI RAMESH CHANDRA DAGA

2004 INSC 711Dismissed

The wife, who had a prior marriage that was never dissolved by a court decree, married the appellant after his first wife's death. The husband filed a suit to declare the second marriage void under Section 5(i) and Section 11 of the Hindu Marriage Act, while the wife sought judicial separation and …

M/S. ATMA RAM PROPERTIES (P) LTD.versusM/S. FEDERAL MOTORS PVT. LTD.

2004 INSC 708Appeal(s) allowed

The landlord, Mis. Atma Ram Properties (P) Ltd., filed an eviction suit under the Delhi Rent Control Act alleging illegal sub‑letting by the tenant, Mis. Federal Motors Pvt. Ltd. The Rent Controller ordered eviction, which the tenant appealed to the Rent Control Tribunal under Section 38. The …

M/S. ICHALKARANJI MACHINE CENTRE PVT. LIMITED.versusCOLLECTOR OF CENTRAL EXCISE, PUNE

2004 INSC 707Dismissed

The appellant, a small‑scale manufacturer of gear boxes and related components, opted for the MODVAT scheme in 1986‑87 and 1987‑88 and claimed input credit on iron and steel inputs. After obtaining a classification list, it cleared its finished products at a concessional duty rate under Notification …

COMMISSIONER, TRADE TAX, U.P.versusM/S. D.S.M. GROUP OF INDUSTRIES

2004 INSC 704Disposed off

The appellant, the U.P. Commissioner of Trade Tax, challenged the High Court’s order allowing Mis D.S.M. Group of Industries to claim a trade‑tax exemption under a 1997 Notification. The dispute centered on whether a "unit" for purposes of expansion, modernization or diversification meant each …

NARENDER SINGHversusJAI BHAGWAN AND ORS.

2004 INSC 705Dismissed

The father, a tenure‑holder, executed a sale agreement for agricultural lands that were part of a consolidation proceeding and were recorded solely in his name. The plaintiff sued for specific performance, while the father (deceased) and his sons argued that the father could not sell the entire land …

HINDUSTAN PETROLEUM CORPORATION LTD. AND ORS.versusSARVESH BERRY

2004 INSC 706Appeal(s) allowed

The employee, Sarvesh Berry, was found by the CBI to possess assets disproportionate to his known sources of income, leading to a criminal case under the Prevention of Corruption Act, 1988 and a departmental enquiry under Hindustan Petroleum's conduct and discipline rules. Berry filed a writ …

COMMISSIONER OF CENTRAL EXCISE, CALCUTTAversusM/S. EMKAY INVESTMENTS (P.) LTD. AND ANR.

2004 INSC 700Appeal(s) allowed

The respondents, Mis Emkay Investments Pvt. Ltd. and M/s Plyking, manufactured plywood under their own brand “Pelican” but also affixed the registered logo “MERINO”, owned by the large‑scale manufacturer M/s Merinoply and Chemicals Ltd., on the same goods. The Commissioner of Central Excise denied …

HARI BADAN RAI AND ORS.versusSTATE OF BIHAR

2004 INSC 701Dismissed

Seven accused, including Hari Badan Rai, were tried for the murder of Ram Krishna Singh and the concealment of his dead body under Sections 302, 201 and 34 of the IPC. The prosecution proved that the accused attacked the victim with weapons, disposed of his body in a river, and that a decomposed …

CENTRAL BUREAU OF INVESTIGATIONversusAKHILESH SINGH

2004 INSC 702Dismissed

The Central Bureau of Investigation appealed against the Allahabad High Court’s order that quashed the murder‑conspiracy charges against Akhilesh Singh, a co‑accused in the killing of badminton player Syed Modi. The main accused, Dr. Sanjay Singh, and the deceased’s wife were earlier discharged, and …

THANGAIYAversusSTATE OF TAMIL NADU

2004 INSC 703Case Partly allowed

Thangaiya was convicted of murder for striking the deceased with a small stick, causing his death. The trial and High Courts upheld the conviction under Section 302 based on eyewitness testimony, including that of a "chance witness". On appeal, the Supreme Court examined whether a single blow with a …

COLLECTOR OF CUSTOMS, BANGALOREversusM/S. MAESTRO MOTORS LTD. AND ANR.

2004 INSC 699Appeal(s) allowed

The Collector of Customs appealed against the orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had allowed two importers, Mis. Maruti Udyog Ltd. and Mis. Maestro Motors Ltd., to claim exemption under customs notifications. The Court examined whether goods imported in …

JANKI VASHDEO BHOJWANI AND ANR.versusINDUSIND BANK LTD. AND ORS.

2004 INSC 695Dismissed

The appellants, Janki Vashdeo Bhojwani and another, claimed co‑ownership of a residential plot attached by the Debt Recovery Tribunal in a loan recovery suit and asserted that they had contributed to its purchase from independent income, including foreign remittances under the 1991 Foreign Exchange …

ISRARversusSTATE OF U.P.

2004 INSC 696Dismissed

The appellant Israr and his co-accused Afzal were convicted for the murder of Zamil Ahmad under Section 302 read with Section 34 of the IPC. The prosecution relied on the dying declaration of the deceased and the testimony of four eye‑witnesses, who were relatives or friends of the victim, as well …

SUNITA DEVIversusSTATE OF BIHAR AND ORS.

2004 INSC 697Appeal(s) allowed

Sunita Devi filed a complaint alleging assault, attempted rape and robbery by Anuj Kumar and others. Anuj Kumar obtained anticipatory bail under Section 438 of the CrPC from the Patna High Court, which granted him an unconditional, unlimited protection. Sunita Devi appealed, contending that such …

HARINARAYAN G. BAJAJversusRAJESH MEGHANI AND ANR.

2004 INSC 694Dismissed

The appellant, Harinarayan G. Bajaj, bought shares through broker Rajesh Meghani but failed to pay for them. The National Stock Exchange (NSE) declared the broker a defaulter and the broker referred his claim for the unpaid amount to arbitration under NSE by‑laws. The arbitral tribunal awarded the …

THAYARAMMAL (DEAD) BY LR.versusKANAKAMMAL AND ORS.

2004 INSC 698Dismissed

The Supreme Court examined a dispute over property dedicated as a Dharmachatram (choultry) by a Hindu donor in 1805. The plaintiffs claimed occupancy as trustees, while the defendants asserted title obtained through a court sale. The Court held that such dedication creates a charitable endowment, …

STATE OF JHARKHAND AND ANR.versusGOVIND SINGH

2004 INSC 692Appeal(s) allowed

The State of Jharkhand appealed against a Jharkhand High Court order that released a truck seized for carrying coal in a protected forest area on payment of a fine, despite the truck being ordered confiscated under Section 52(3) of the Indian Forest Act. The Supreme Court examined whether Section …

STATE OF WEST BENGALversusASHISH KUMAR ROY AND ORS.

2004 INSC 693Appeal(s) allowed

The West Bengal Bar Association challenged the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, alleging that its provisions were ultra vires the Constitution because they ousted the High Court's jurisdiction under Articles 226 and 227. The Calcutta High Court struck down sections 6, 7 and 8 …

A JAYACHANDRAversusANEEL KAUR

2004 INSC 689Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce on the ground of mental cruelty, alleging that his wife used abusive language, made false accusations of adultery and caused him severe emotional distress. The Family Court found mental cruelty but granted …

RAJINDER SINGHversusSTATE OF HARYANA AND ORS.

2004 INSC 690Appeal(s) allowed

The appellant purchased agricultural land near the Grand Trunk Road in 1986 and erected a dhaba without obtaining permission under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The land lay in a "controlled area" declared by a Gazette notification …

BABULAL BHAGWAN KHANDARE AND ANR.versusSTATE OF MAHARASHTRA

2004 INSC 691Dismissed

On 8 August 1997, a quarrel between the accused Babulal Bhagwan Khandare, Nandulal and others and three deceased persons (Shivaji, Madhukar and Ramesh) escalated into a violent assault with knives and a rapier, resulting in the deaths of the three victims. The accused pleaded that they acted in …

POLYMAT INDIA P. LTD. AND ANR.versusNATIONAL INSURANCE CO. LTD. AND ORS.

2004 INSC 685Dismissed

Polymat India Ltd. and an associate insured their factory premises against fire under two policies issued by National Insurance Co. Ltd. The policies described the location as "factory‑cum‑godown" and the insured answered in the negative to a query about goods stored in the open. After a fire …

DEB NARAYAN SHYAM AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2004 INSC 686Dismissed

A group of Amins employed by the West Bengal government sought to be placed in the same pay scale as Surveyors, invoking the principle of ‘equal pay for equal work’. The High Court had earlier granted such parity in a number of writ petitions without examining the distinct qualifications and duties …

STATE OF U.P.versusPAPPU @ YUNUS AND ANR.

2004 INSC 687Disposed off

The State of U.P. appealed the acquittal of two accused who had been convicted for rape under Section 376 IPC by the trial court. The High Court set them free on the sole ground that the prosecutrix was of "easy virtues," without providing any reasoning. The Supreme Court held that a victim's …

K. RAGHUNATHversusCHANDRASEKHAR AND ANR.

2004 INSC 688Appeal(s) allowed

The landlord evicted the tenant under Sections 22(1)(h) and 22(1)(p) of the Karnataka Rent Control Act, 1961, and the Small Causes Court ordered eviction on 4 February 2000. The tenant filed a revision petition under Section 50(1) on 6 April 2000, having sent the arrears of rent by money order on 11 …

ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.

2004 INSC 682Dismissed

The Supreme Court examined the scheme for High Security Registration Plates introduced under Rule 50 of the Motor Vehicle Rules, 1989 and the 2001 statutory order issued under Section 109(3) of the Motor Vehicles Act, 1988. Petitioners challenged the tender conditions – requiring foreign experience, …

STATE OF U.P.versusKISHAN

2004 INSC 684Disposed off

The accused Kishan was convicted of murder under Section 304 Part‑II of the IPC and sentenced to seven years’ rigorous imprisonment. He appealed to the Allahabad High Court, seeking a lenient sentence on the ground that the offence occurred in 1988, and the High Court reduced his term to the period …

RAMAKRISHNA VIVEKANANDA MISSIONversusSTATE OF WEST BENGAL AND ORS.

2004 INSC 681Disposed off

The Ramakrishna Vivekananda Mission runs a school affiliated to the West Bengal Board of Secondary Education. Two teachers were terminated for refusing hostel duties, appealed under the Board's regulations, and later withdrew their appeals. The Mission sought, under Article 26, the framing and …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSTATE OF U.P. AND ANR.

2004 INSC 678Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation (UPSRTC) prepared a draft scheme on 13‑Feb‑1986 to nationalise 39 bus routes under Section 68‑C of the Motor Vehicles Act, 1939. After objections were filed, the Motor Vehicles Act, 1988 came into force and the competent authority declared the …

STATE OF ORISSAversusDEVENDRA NATH PADHI

2004 INSC 679Appeal(s) allowed

The Supreme Court examined whether, at the stage of framing of charge under Sections 227, 228, 239 and 240 of the Code of Criminal Procedure, a trial court may consider material produced by the accused and whether the accused can invoke Section 91 to summon documents. The Court held that the Code …

BAL THACKREYversusHARISH PIMPALKHUTE AND ANR.

2004 INSC 680Appeal(s) allowed

Bal Thackrey was convicted by the Bombay High Court (Nagpur Bench) for criminal contempt under Section 15 of the Contempt of Courts Act, 1971, based on two petitions filed by respondents alleging that his public speech scandalised the court. The petitions were filed without obtaining the mandatory …

OM HEMRAJANIversusSTATE OF U.P. AND ANR.

2004 INSC 674Dismissed

The case concerned a complaint filed by a Dubai‑based bank (Respondent No. 2) in the Special Judicial Magistrate Court, Ghaziabad, alleging that the petitioner, Om Hemrajani, had defrauded the bank by obtaining loans in the United Arab Emirates and then fleeing the country. The magistrate took …

COMMISSIONER OF ENDOWMENTS AND ORS.versusVITTAL RAO AND ORS.

2004 INSC 675Dismissed

The case concerned 5 bighas of land donated by a Fauzdar to his ancestor for the construction of a temple. The land was held to be an absolute private gift, not an endowment, and the temple was deemed a private temple. After a long series of suits, appeals and a Supreme Court judgment confirming …

BANKAT AND ANR.versusSTATE OF MAHARASHTRA

2004 INSC 676Disposed off

Four accused (A‑1 to A‑4) were convicted under IPC sections 326/34 and 325/34 for causing grievous hurt. The trial court sentenced A‑1, A‑2 and A‑3 to one year imprisonment and a fine of Rs.500; A‑4, being a minor, received one month imprisonment and a fine of Rs.500. The Bombay High Court reduced …

FULCHAND BHAGWANDAS GUGALE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 677Appeal(s) allowed

The appellants challenged a notification under Section 4 of the Land Acquisition Act, 1894 issued for acquiring their agricultural land, and the subsequent cancellation of that notification by a Sub‑Divisional Officer (SDO) under Section 5A. The SDO’s order was set aside by the Additional …

KHUMAN SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2004 INSC 673Appeal(s) allowed

During a flag ceremony near a temple, a dispute arose when an appellant's stick struck a participant, leading to a quarrel. The deceased intervened and was subsequently assaulted with lathis and stones, and trampled, resulting in multiple fractures and a fatal liver injury caused by a rib puncturing …

SUBRAMANI AND ORS.versusM. CHANDRALEKHA

2004 INSC 669Dismissed

The respondent, M. Chandralekha, filed a suit for partition and possession of her late father‑in‑law's properties, claiming a share as the wife of the deceased Kandasamy. She produced a registered maintenance release deed that contained a recital stating that their marriage was dissolved under the …

SATYAJIT BANERJEE AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2004 INSC 670Disposed off

The accused were acquitted by the trial court of charges under Sections 306 and 498A IPC for the alleged cruel treatment and abetment of suicide of the deceased wife. The mother of the deceased filed a revision petition, and the Calcutta High Court set aside the acquittal, directing a fresh trial …

VIRENDRA KUMAR SRIVASTAVAversusU.P. RAJYA KARMACHARI KALYAN NIGAM AND ANR.

2004 INSC 671Appeal(s) allowed

V.K. Srivastava, a salesman employed by Uttar Pradesh Rajya Karmachari Kalyan Nigam, was terminated and filed a writ petition under Article 226 of the Constitution. The corporation contended that it was not a "State" within Article 12, rendering the petition non‑maintainable; the Allahabad High …

M/S. KORES INDIA LTD., CHENNAIversusCOMMISSIONER OF CENTRAL EXCISE, CHENNAI

2004 INSC 672Disposed off

Mis. Kores India Ltd. bought jumbo rolls of typewriter/telex ribbons, cut them into standard lengths (10 m and 5 m) and wound them onto metal spools for sale. The assessee argued that this was merely processing, not manufacturing, and that excise duty had already been paid on the jumbo rolls. The …

M/S. GEM GRANITESversusCOMMISSIONER OF INCOME TAX, TAMIL NADU

2004 INSC 667Dismissed

Mis. Gem Granites, an exporter of cut and polished granite, claimed a deduction under Section 80‑HHC of the Income Tax Act, 1961 for the assessment year 1987‑88. The issue was whether processed granite fell within the exclusionary clause "minerals and ores" in sub‑section (2)(b) of the provision as …

M/S. SHYAM OIL CAKE LTD.versusCOLLECTOR OF CENTRAL EXCISE, JAIPUR

2004 INSC 668Appeal(s) allowed

Mis. Shyam Oil Cake Ltd. bought edible vegetable oil on which excise duty had already been paid, refined it by treatment with alkali/acid, bleaching and deodorisation, and sold the refined oil. The assessee claimed that the refining did not constitute "manufacture" and therefore no excise duty was …

JAYA CHANDRA MOHAPATRAversusLAND ACQUISITION OFFICER, RAYAGADA

2004 INSC 663Appeal(s) allowed

The appellant’s lands were acquired under the Land Acquisition Act, 1894 and an award was passed in 1981. The reference court enhanced the compensation in 1990 but failed to grant the statutory benefits under Sections 23(1A), 23(2) and 28 of the Act as amended by the 1984 Amendment Act. Subsequent …

MAHENDRA L. JAIN AND ORS.versusINDORE DEVELOPMENT AUTHORITY AND ORS.

2004 INSC 664Dismissed

The appellants, appointed on daily wages by the Indore Development Authority for a project, later received salary, PF and leave benefits and sought regularisation of their service after the project ended. The High Court dismissed their claim, holding that the appointments were not made to sanctioned …

BANNARI AMMAN SUGARS LTD.versusCOMMERCIAL TAX OFFICER AND ORS.

2004 INSC 665Disposed off

The Tamil Nadu Government had granted an exemption from purchase tax on sugarcane to sugar mills in the cooperative and public sectors in 1975. In 1988 it withdrew the exemption for mills exceeding a turnover ceiling and made the withdrawal retrospective to April 1988. Bannari Amman Sugars Ltd. and …

HUDA AND ANR.versusBABESWAR KANHAR AND ANR.

2004 INSC 666Disposed off

The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of …

TARAK SINGH AND ANR.versusJYOTI BASU AND ORS.

2004 INSC 658Dismissed

The Supreme Court examined a petition challenging the allotment of a plot of government land in Salt Lake City to retired Calcutta High Court Judge B.P. Banerjee, who had been hearing a writ petition concerning the same area. The petition alleged that the judge used his judicial position to secure …

M/S. AHAD BROTHERSversusSTATE OF M.P. AND ANR.

2004 INSC 659Disposed off

The appellant, Ahad Brothers, owned 16.81 acres that were acquired by the State of Madhya Pradesh under the Land Acquisition Act, 1894, and were awarded compensation treating them as owners. Unsatisfied with the compensation, the appellant sought a reference under Section 18, which the Reference …

M/S. BRITISH MOTOR CAR CO.versusMADAN LAL SAGGI (D) AND ANR.

2004 INSC 660Dismissed

The petitioner, British Motor Car Co., leased land and a building in Jalandhar in 1967 under a lease that prohibited any additions or alterations. The tenant later erected two permanent sheds in the courtyard without the landlord's consent, obstructing ventilation and reducing the usable area. The …

GOVERNMENT OF A.P. AND ANR.versusSYED AKBAR

2004 INSC 661Appeal(s) allowed

The State of Andhra Pradesh had acquired land under the Land Acquisition Act, 1894 for a road project, but a portion remained unused. The original owner, Syed Akbar, sought reconveyance of the unused portion relying on Standing Order No. 90(32) of the Andhra Pradesh Board of Revenue. A single High …

MUTHU KUTTY AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2004 INSC 662Dismissed

The Supreme Court examined the appeal of the accused who were convicted for dowry death after the victim, Kodimalar, was set on fire by her in‑laws. The victim gave a dying declaration identifying the accused, which was recorded by a Judicial Magistrate in the presence of a doctor who certified her …

STATE OF MADHYA PRADESHversusRAMESH

2004 INSC 657Appeal(s) allowed

The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's decision to reduce Ramesh's conviction for murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) on the ground of self‑defence. The Supreme Court examined whether the shooting of the …

STATE OF KERALAversusALEX GEORGE AND ANR. ETC.

2004 INSC 656Dismissed

The State of Kerala appealed against the Kerala High Court’s order that the revised plantation‑tax rates introduced by the Kerala Finance Act, 1987 could not be applied during the 1987‑88 financial year. The appellants argued that the amendment to Schedule‑I of the Kerala Plantations Tax Act, 1960, …

GANESH SANTA RAM SIRURversusSTATE BANK OF INDIA AND ANR.

2004 INSC 651Dismissed

The appellant, a former bank manager, was found guilty of sanctioning a loan to his wife in violation of SBI supervisory staff rules and was initially punished with a one‑stage salary reduction. He appealed the order, but the appeal was filed after the statutory period; the appellate authority …

K. HASHIMversusSTATE OF TAMIL NADU

2004 INSC 650Dismissed

The appellants K. Hashim and another were convicted for counterfeiting US dollar notes, possession of counterfeit currency, and possession of materials used for counterfeiting under Sections 489A, 489C, 489D and for criminal conspiracy under Section 120B of the IPC. The conviction was based largely …

STATE OF JHARKHAND AND ORS.versusAMBAY CEMENTS AND ANR.

2004 INSC 649Appeal(s) allowed

The State of Jharkhand appealed against a Jharkhand High Court order that had treated a temporary registration certificate issued to Ambay Cements as the "prior permission" required for sales‑tax exemption under the Bihar Industrial Promotion Policy, 1995. The policy, as amended by Notifications …

NIRMAL SINGH AND ANR.versusSTATE OF BIHAR

2004 INSC 652Dismissed

The State alleged that on 14 March 1997 four men, including appellants Nirmal Singh and Ranjan Singh, went to the deceased's house where Ranjan Singh allegedly urged Nirmal Singh to fire, resulting in a gunshot wound that killed the victim. The prosecution relied on the testimony of several …

DR. MANJU VARMAversusSTATE OF U.P. AND ORS.

2004 INSC 653Appeal(s) allowed

Dr. Manju Varma filed a writ petition in the Lucknow Bench of the Allahabad High Court seeking promotion based on seniority. Respondent No.6 (Dr. Gauri Ganguli) applied to the Chief Justice for transfer of the petition to the Allahabad Bench under paragraph 14 of the United Provinces High Courts …

STATE OF A.P.versusS. JANARDHANA RAO

2004 INSC 654Appeal(s) allowed

The State of Andhra Pradesh prosecuted S. Janardhana Rao, a Metropolitan Sessions Judge, for demanding Rs 6 lakh (later reduced to Rs 3 lakh) as illegal gratification to secure the acquittal of accused in a pending Sessions case. A trap, authorized by the Chief Justice, led to the money being handed …

REGISTRAR, HIGH COURT OF GUJARAT AND ANR.versusC.G. SHARMA

2004 INSC 655Appeal(s) allowed

C.G. Sharma was appointed as a Civil Judge on a two‑year probation under the Gujarat Judicial Service Recruitment Rules, 1961. His probation was extended twice and he was terminated for alleged unsatisfactory performance and integrity concerns. Sharma argued that the expiry of the probation period …

MUNSHI SINGH GAUTAM (D) AND ORS.versusSTATE OF M.P.

2004 INSC 648Disposed off

The case concerned the custodial death of Shambhu Tyagi after alleged police beating at Shahjahanabad police station, leading to the conviction of five police officers under Sections 304 Part I, 330 and 201 IPC. On appeal, the Supreme Court examined whether the lack of a test identification parade …

SANJEEV GUPTA AND ORS.versusUNION OF INDIA AND ANR.

2004 INSC 647Dismissed

The case concerned Indian medical graduates who obtained their MBBS‑equivalent degrees from institutions in the former USSR and sought provisional or permanent registration to practice medicine in India. The petitioners argued that, under the pre‑amendment Indian Medical Council Act, they were …

MADHYA PRADESH SPECIAL POLICE ESTABLISHMENTversusSTATE OF MADHYA PRADESH AND ORS.

2004 INSC 642Leave Granted & Allowed

The Supreme Court examined whether the Governor of Madhya Pradesh could, in his own discretion, grant sanction for the prosecution of two former ministers despite the Council of Ministers' refusal to do so. A Lokayukta report had found prima facie evidence of corruption and conspiracy under the …

TATA CONSULTANCY SERVICESversusSTATE OF ANDHRA PRADESH

2004 INSC 643Dismissed

Tata Consultancy Services (TCS) sold canned computer software packages and was assessed sales tax by the Andhra Pradesh Commercial Tax Officer, who held that the software constituted "goods" under the Andhra Pradesh General Sales Tax Act, 1957. TCS appealed, arguing that software is intangible …

GOVERNMENT OF ORISSAversusM/S. ASHOK TRANSPORT AGENCY AND ORS.

2004 INSC 645Appeal(s) allowed

Ashok Transport Agency filed a money suit against Mis OMC Alloys Ltd, a government company, which was dismissed for default. While the suit was pending restoration, the Government of India issued an amalgamation order under Section 396 of the Companies Act, 1956, merging the company with Orissa …

STATE LEGAL AID COMMITTEE, J & KversusSTATE OF J & K AND ORS.

2004 INSC 646Disposed off

The Legal Aid Committee of Jammu & Kashmir filed a writ petition challenging the detention of a person under the Jammu & Kashmir Public Safety Act, 1978. The petition contended that the State had not complied with Section 13 of the Act, which mandates that the grounds of detention be disclosed to …

E. V. CHINNAIAHversusSTATE OF ANDHRA PRADESH AND ORS.

2004 INSC 644Appeal(s) allowed

The Andhra Pradesh government, after a commission report, enacted the Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Act, 2000, which divided the 59 castes listed under Article 341 into four groups and allocated separate reservation percentages to each. The petitioners challenged …

SHYAM SUNDAR SARMAversusPANNALAL JAISWAL AND ORS.

2004 INSC 637Dismissed

The plaintiff obtained an ex‑parte decree in a title suit. The defendant filed a petition under Order IX Rule 13 of the CPC, together with an application under Section 5 of the Limitation Act, to set aside the decree, and subsequently filed an appeal against the decree with a condonation …

STATE OF KERALA AND ANR.versusM/S. POPULAR ESTATES AND ANR.

2004 INSC 638Appeal(s) allowed

The respondents, owners of 1,534.40 acres, claimed that their land was exempt from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal initially declared only 100 hectares as vested forest and dismissed the rest. The State later issued a notification …

JIMMY JAHANGIR MADANversusBOLLY CARIYAPPA HINDLEY (D) BY LRS.

2004 INSC 639Appeal(s) allowed

The case involved two complaint proceedings under Section 138 of the Negotiable Instruments Act where the complainant died during trial, leaving heirs who had executed general powers of attorney. The heirs' attorneys filed applications under Section 302 of the Code of Criminal Procedure seeking …

J.K. GUPTAversusD.G. INVESTIGATION AND REGISTRATION AND ORS.

2004 INSC 640

A complaint was lodged before the Monopolies and Restrictive Trade Practices (MRTP) Commission against a computer training institute for admitting students to unrecognised courses and for publishing misleading advertisements. The Commission issued an interim injunction and, after the institute’s …

COMMISSIONER OF CENTRAL EXCISE, PUNEversusM/S. KRIPA CHEMICALS PVT. LTD.

2004 INSC 641Disposed off

The appeal before the Supreme Court concerned the method of calculating the cost of production for excisable products under the Central Excise Act. Two questions were posed: whether excise duty paid on raw material, if modvatted, should be included in the cost of production, and whether the profit …

SARAVANAN AND ANR.versusSTATE OF PONDICHERRY

2004 INSC 634Dismissed

On 3 June 1990, a group of accused, including Saravanan (A3) and Natarajan (A4), assaulted a cyclist group, during which the deceased Nadamuni fell and sustained a head injury that was medically held sufficient to cause death. The prosecution argued there was no motive to kill, so the death did not …

MEENAKSHIAMMAL (DEAD) THROUGH LRS. AND ORS.versusCHANDRASEKARAN AND ANR.

2004 INSC 635Dismissed

The deceased Siva executed a will bequeathing his property to his step‑brother's children, excluding the plaintiffs who were children of his real sister. The plaintiffs sued for a declaration and possession, claiming they were the rightful heirs. The trial court held the will proved and dismissed …

DEELIP SINGH @ DILIP KUMARversusSTATE OF BIHAR

2004 INSC 636Appeal(s) allowed

The appellant, Deelp Singh, was convicted under Section 376 IPC for raping a girl, based on the prosecution's claim that she was under 16 and that the sexual intercourse was against her will or without consent, allegedly induced by a false promise to marry. The Supreme Court examined the age of the …

DHARMA PRATHISHTHANAMversusM/S. MADHOK CONSTRUCTION PVT. LTD.

2004 INSC 632Leave Granted & Allowed

Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave …

V. RAJA KUMARIversusP. SUBHARAMA NAIDU AND ANR.

2004 INSC 633Dismissed

The appellant was charged under Section 138 read with Section 142 of the Negotiable Instruments Act for dishonouring a cheque. The complainant sent a legal notice to the appellant, which was returned stamped "house locked". The trial magistrate dismissed the complaint on the ground that the notice …

M/S ZANDU PHARMACEUTICAL WORKS LTD. AND ORS.versusMD. SHARAFUL HAQUE AND ORS.

2004 INSC 628Leave Granted & Allowed

The complainant filed a criminal complaint in 2002 alleging that the appellants had misled him about an appointment, invoking Sections 406, 409 and 418 of the IPC. The magistrate issued summons, but the appellants challenged the complaint on the ground that it was barred by the three‑year limitation …

KUMAR DHIRENDRA MULLICK AND ORS.versusTIVOLI PARK APARTMENTS (P) LTD.

2004 INSC 629Dismissed

The trustees of a trust estate had leased premises to a lessee for 21 years, who later assigned the lease to TIVOLI PARK APARTMENTS (the respondent). An oral agreement was made to renew the lease for 70 years on increased rent and premium, but the trustees failed to execute the transfer deed. The …

FRIENDS COLONY DEVELOPMENT COMMITTEEversusSTATE OF ORISSA AND ORS.

2004 INSC 630Appeal(s) allowed

The Friends Colony Development Committee (appellant) challenged unauthorized construction by Mis Modem Mechatech Housing Ltd. and its managing director, who built a five‑storey building exceeding the four‑storey plan sanctioned under the Orissa Development Authorities Act. The Development Authority …

DISTT. REGISTRAR & COLLECTOR, HYDERABAD AND ANR.versusCANARA BANK ETC.

2004 INSC 631Dismissed

The Andhra Pradesh amendment of Section 73 of the Indian Stamp Act gave the Collector power to inspect, seize and impound any registers, books or documents, including those in banks, without any procedural safeguards. The High Court struck down this provision as unconstitutional, and the State …

U.P. STATE SUGAR CORPORATION AND ANR.versusM/S. MAHALCHAND M. MOTHARI AND ORS.

2004 INSC 626Dismissed

M/s Mahalchand M. Mothari filed two suits in 1982 seeking damages for non‑supply of sugar that it had ordered from the statutory receiver managing Maheshwari Khetan Sugar Mill. The receiver, appointed by the Collector under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, entered …

STATE OF MADHYA PRADESHversusDHARKOLE @ GOVIND SINGH AND ORS.

2004 INSC 627Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court acquittal of three accused who were convicted by the trial court for murder and related offences under Sections 302, 149, 148 and 147 of the IPC. The High Court had set aside the conviction on the ground that medical evidence suggested the weapon …

ASEA BROWN BOVERI LTD.versusINDUSTRIAL FINANCE CORPORATION OF INDIA AND ORS.

2004 INSC 622Appeal(s) allowed

Asea Brown Boveri Ltd. entered into a lease‑finance agreement with Fairgrowth Financial Services Ltd. for 56 cars, paying all rentals, security deposit and a terminal fee, after which ownership was to vest in the lessee. Fairgrowth was later notified as a party to illegal transactions under Section …

SARDAR HARCHARAN SINGH BRARversusSUKH DARSHAN SINGH AND ORS.

2004 INSC 623Appeal(s) allowed

In the 2002 Punjab Assembly election, Sukh Darshan Singh was declared elected over Sardar Harcharan Singh Brar by a narrow margin. Brar filed an election petition under the Representation of the People Act, 1951 alleging that a rival's nomination was improperly accepted and that Singh had committed …

DR. MAHACHANDRA PRASAD SINGHversusCHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS.

2004 INSC 621Dismissed

The petitioner, elected to the Bihar Legislative Council on an Indian National Congress ticket, contested a Lok Sabha election as an independent (and in a second petition as a Samajwadi Party candidate). The Chairman of the Council disqualified him under paragraph 2(1)(a) of the Tenth Schedule, …

DINESH KUMARversusSTATE OF M.P.

2004 INSC 624Appeal(s) allowed

The appellant, a kirana shopkeeper in Madhya Pradesh, was prosecuted under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated besan that contained kesari dal. The trial court acquitted him, holding that the ash content was within …

VIRENDER SINGH HOODA AND ORS.versusSTATE OF HARYANA AND ANR.

2004 INSC 625Disposed off

The Supreme Court examined the constitutionality of the Haryana Civil Services (Executive Branch) and Allied Services and Other Services Common/Combined Examination Act, 2002, which retrospectively repealed earlier government circulars and limited appointments to the number of posts advertised. The …

STATE OF PUNJABversusBALBIR SINGH AND ORS.

2004 INSC 619Leave Granted & Allowed

The accused were stopped while transporting 18 gunny bags of poppy husk on a bullock‑cart and were charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court convicted them, but the Punjab and Haryana High Court acquitted on the ground that the mandatory …

J.P. SRIVASTAVA AND SONS PVT. LTD. AND ORS.versusM/S GWALIOR SUGAR CO. LTD. AND ORS.

2004 INSC 620Leave Granted & Disposed off

The Supreme Court examined a petition filed by a group of minority shareholders, including a family trust, under Sections 397 and 398 of the Companies Act alleging oppression and mismanagement by Gwalior Sugar Co. The Court had to decide whether the petitioners satisfied the 10% shareholding …

ESCORTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI-II

2004 INSC 615Appeal(s) allowed

Escorts Ltd. challenged a demand under Section 4(1) of the Central Excise and Salt Act, 1944, based on Rule 6(b) of the Central Excise Valuation Rules, 1975, after a show‑cause notice alleging contravention of the Excise Rules. The tribunal, relying on Ashok Leyland Ltd. v. Collector of Central …

ANUMATIversusPUNJAB NATIONAL BANK

2004 INSC 616Leave Granted & Allowed

The appellant and her husband held a joint fixed deposit with an "either or survivor" clause. The husband allegedly pledged the deposit as security for a loan taken by his proprietary firm, and the bank adjusted the deposit against that loan without the wife’s consent. The wife filed a complaint …

STATE OF MAHARASHTRAversusSANJAY S/O DIGAMBARRAO RAJHANS

2004 INSC 617Dismissed

The State alleged that the accused, Sanjay, set fire to his fiancée Veena by pouring petrol from a can on her while riding a scooter, leading to her death. The prosecution's case relied heavily on two dying declarations recorded at the hospital, statements of the victim's parents, and the testimony …

D. GOPALAKRISHNANversusSADANAND NAIK AND ORS.

2004 INSC 609Dismissed

During a strike at a rubber factory in Goa, accused striking workers attacked visiting supervisors, resulting in one death. The Sessions Court convicted several accused based on eyewitness identification, but the High Court acquitted them, holding that the witnesses had no prior acquaintance and …

SHASHIDHAR PURANDHAR HEGDE AND ANR.versusSTATE OF KARNATAKA

2004 INSC 610Dismissed

The appellants were charged with kidnapping a minor, demanding a ransom of Rs.3 lakh and threatening the victim’s father. The trial court acquitted them, citing discrepancies in witness testimonies and questioning the credibility of certain witnesses. On appeal, the High Court re‑appreciated the …

MATHAKALA KRISHNAIAHversusV. RAJAGOPAL

2004 INSC 611Leave Granted & Disposed off

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's reversal of an appellate decree. The High Court disposed of the appeal without formulating any substantial question of law, as required by Section 100(3)-(5). The appellant argued …

PALITANA SUGAR MILLS PVT. LTD. AND ANR.versusSTATE OF GUJARAT AND ORS.

2004 INSC 612Leave Granted & Disposed off

The dispute concerned several survey parcels of former royal land in Gujarat that were sold to Palitana Sugar Mills. The land, initially excluded from the Agricultural Land Ceiling Act, later fell under the Urban Land (Ceiling and Regulation) Act, and the reservation of one parcel for Bhavnagar …

NATIONAL HYDROELECTRIC POWER CORPORATION AND ANR.versusNANAK CHAND AND ANR.

2004 INSC 614Appeal(s) allowed

The father of the respondent, Shakti Prasad, died while employed in a government hydro‑electric project that was later transferred to the National Hydro‑Electric Power Corporation. After attaining majority, the respondent applied for a compassionate appointment, but the corporation rejected it on …

SRI RAM SAHAversusSTATE OF WEST BENGAL AND ORS.

2004 INSC 604Appeal(s) allowed

Sri Ram Saha, the owner of a private garden (bagan) in West Bengal, sought to fell several old trees affected by worms and replace them with saplings. Local police and the Block Land Reforms Officer stopped him, citing the High Court’s interpretation of Sections 4‑A, 4‑B and 4‑C of the West Bengal …

PARSURAM PANDEY AND ORS.versusTHE STATE OF BIHAR

2004 INSC 605Case Partly allowed

The case involved a violent incident in which Raghunath Pandey shot Kanhaiya Pandey, resulting in his death, and other accused fired indiscriminately causing injuries to villagers. The appellants Parshuram, Bishram and Somaru Pandey were convicted under Sections 302 read with 149 IPC, 307 IPC, 324 …

M/S. GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 606Matter referred to larger bench

Girnar Traders, a partnership firm, owned land reserved under the Jalgaon Development Plan. After the State Government confirmed the firm's purchase notice, the municipal council failed to acquire the land under the Maharashtra Regional and Town Planning Act (M.R.T.P. Act). The State later declared …

STATE OF RAJASTHANversusMOOL CHAND AND ANR.

2004 INSC 607Appeal(s) allowed

The State of Rajasthan prosecuted licensed traders Mool Chand and others for evading market duty under the Rajasthan Agricultural Produce Market Act, 1961. The trial court convicted them, sentencing them to three months' imprisonment and ordering payment of the evaded duty. The High Court set aside …

FAIRGROWTH INVESTMENTS LTD.versusTHE CUSTODIAN

2004 INSC 608Dismissed

Fairgrowth Investments Ltd. was notified under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 and filed a petition of objection under Section 4(2) more than 30 days after the notification. The Special Court rejected the petition on the ground of limitation. …

E.T. SUNUPversusC.A.N.S.S. EMPLOYEES ASSOCIATION AND ANR.

2004 INSC 600Disposed off

The State Government of Nagaland issued an order stopping all payments to its employees except salaries and pensions, including a ban on withdrawals from the General Provident Fund (GPF). The ban was challenged by the CANSSEA Employees Association, leading the Gauhati High Court to direct the State …

KEDAR NATH AGRAWAL (DEAD) AND ANR.versusDHANRAJI DEVI (DEAD) BY LRS. AND ANR.

2004 INSC 601Case Partly allowed

The landlords applied under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of a shop occupied by the tenant, claiming a bona‑fide requirement. The Prescribed Authority, the District Judge and the High Court all upheld the …

STATE OF WEST BENGALversusKAILASH CHANDRA PANDEY

2004 INSC 602Appeal(s) allowed

The State of West Bengal prosecuted Kailash Chandra Pandey, a Deputy General Manager at Calcutta Airport, for demanding a bribe of Rs.5,000 to facilitate the passage of cleaning contract bills. A trap was arranged in which the complainant handed the money, which was subsequently recovered from …

RANGANAYAKIversusSTATE BY INSPECTOR OF POLICE

2004 INSC 603Appeal(s) allowed

The deceased was poisoned with brandy allegedly mixed with a toxic substance by the first accused (A-1). The prosecution claimed that the appellant, A-2, the deceased's former wife, instigated A-1 to commit the murder, leading to convictions under Section 302 read with Section 109 of the IPC. On …

STATE OF RAJASTHANversusSHAMBHOOGIRI

2004 INSC 594Disposed off

The State of Rajasthan prosecuted Constable Shambhoogiri for accepting a bribe of Rs.200 from a complainant, PW‑1, after the Sub‑Divisional Magistrate (SDM) had taken a written complaint and the currency notes. The SDM noted the serial numbers of the notes, recovered them from the accused, prepared …

P. JANARDHANA RAO.versusKANNAN AND ORS.

2004 INSC 595Appeal(s) allowed

P. Janardhana Rao obtained a decree for possession of his property in an ejectment suit filed in 1989. When the decree was executed, three persons (Kannan, Krishnan and Raji) obstructed his taking possession, prompting Rao to file a miscellaneous petition under Order 21 Rule 97 of the CPC for …

RANDHIR SINGH AND ANR.versusSTATE OF PUNJAB

2004 INSC 596Disposed off

Randhir Singh and another were convicted under Section 306 read with Section 34 of the IPC for abetting the suicide of their wife, who allegedly died by self‑immolation within seven years of marriage. The prosecution proved that the accused repeatedly demanded additional dowry, threatened a second …

SAVITA GARGversusTHE DIRECTOR, NATIONAL HEART INSTITUTE

2004 INSC 597Appeal(s) allowed

Savita Garg filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that her husband, A.K. Garg, died due to medical negligence at the National Heart Institute. The Commission dismissed the petition on the ground that the treating doctors and nurses …

STATE OF BIHAR AND ORS.versusBIHAR RAJYA M.S.E.S.K.K. MAHASANGH AND ORS.

2004 INSC 598Dismissed

The case concerned the absorption of about 4,000 teaching and non‑teaching employees from 40 colleges that were converted from affiliated to constituent status under the Bihar State Universities Act, 1976. The State of Bihar (and later Jharkhand) challenged a High Court order directing the …

POONAM CHAND JAIN AND ANR.versusFAZRU

2004 INSC 599Disposed off

The appellant filed a second criminal complaint under Section 200 of the CrPC after an earlier complaint was dismissed. The High Court allowed the second complaint, but the appellant argued it was a mere repetition and that the order to issue process was an interlocutory order that could not be …

STATE OF TAMIL NADU AND ANR.versusKETHIYAN PERUMAL

2004 INSC 592Appeal(s) allowed

The State of Tamil Nadu detained Kethiyan Perumal under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, relying on a Forest Officer's report. The detainee's wife filed a habeas corpus petition, arguing that the report did not state that the detainee's activities were highly …

PUNJAB STATE ELECTRICITY BOARDversusMALKAIT SINGH

2004 INSC 593Appeal(s) allowed

The Punjab State Electricity Board acquired land for a power project and, in 1994, announced a scheme to give priority employment to one member of each displaced family. The respondent’s name was placed on the list, but the Board later revised the policy, limiting eligibility to families whose land …

JOGINDER SINGH SODHIversusAMAR KAUR

2004 INSC 590Dismissed

The landlord Amar Kaur filed an eviction petition under the East Punjab Urban Rent Control Act alleging that the tenant's son, Joginder Singh Sodhi, occupied the shop as a sub‑tenant without the landlord's written consent. The Rent Controller, Appellate Authority and High Court found that the …

ADU RAMversusMUKNA AND ORS.

2004 INSC 591Disposed off

A dispute over crop damage led the accused to surround and beat the deceased with lathis and axes, causing his death. The trial court convicted the accused under Section 302 (murder) read with Sections 149, 148 and 341 IPC. The Rajasthan High Court altered the conviction to Section 304 Part I …

ALLAHABAD BANK ETC. ETC.versusBENGAL PAPER MILLS CO. LTD. AND ORS. ETC.

2004 INSC 584

The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the …

SARGUNAM (D) BY LR.versusCHIDAMBARAM AND ANR.

2004 INSC 586Dismissed

The plaintiff, Chidambaram, entered into a sale agreement on 14‑June‑1979 to purchase a premises, but the vendor failed to deliver title. While the suit for specific performance was pending, the vendor purportedly sold the same property to Sargunam on 29‑Nov‑1979, allegedly under a prior agreement …

COMMISSIONER OF CUSTOMS, KANDLAversusESSAR OIL LTD. AND ORS.

2004 INSC 587Appeal(s) allowed

Essar Oil Ltd. imported plant and machinery stored in a private bonded warehouse and, fearing a budgetary duty increase, issued a cheque on 25‑Feb‑1999 declaring sufficient funds despite knowing the funds were unavailable. The cheque was presented on 27‑Feb‑1999, returned unpaid, and only honoured …

P.S. SATHAPPAN (DEAD) BY LRSversusANDHRA BANK LTD. AND ORS.

2004 INSC 583Appeal(s) allowed

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the …

ZILE SINGHversusSTATE OF HARYANA AND ORS.

2004 INSC 585Leave Granted & Dismissed

Zile Singh, a sitting municipal member, was held disqualified under Section 13A(1)(c) of the Haryana Municipal Act, 1973 after the birth of his third child in August 1995. The disqualification arose from the First Amendment (1994) which barred persons with more than two living children, but its …

J.A. NAIKSATAMversusPROTHONOTARY & SENIOR MASTER, HIGH COURT OF BOMBAY AND ORS.

2004 INSC 588Dismissed

Two senior translators of the Bombay High Court were accused of demanding bribes after a complaint by an advocate. An enquiry officer found them not guilty, but the disciplinary authority disagreed, issued a tentative decision, sought their explanations, and ultimately dismissed them. The appellants …

SHRI KAILASH CHAND AND ANR.versusSHRI DHARAM DASS

2004 INSC 589Matter referred to larger bench

The appellant, a landlord, owned a building in Shimla and initially evicted the tenant from the first floor in 1984. By a 1986 compromise the tenant vacated the first floor and took the ground floor. In 1993 the landlord, citing his wife's relocation and his child's education, sought eviction of the …

SACHCHEY LAL TIWARIversusSTATE OF UTTAR PRADESH

2004 INSC 580Dismissed

The case involved two brothers, Sachchey Lal Tiwari and Bachchey Lal Tiwari, who were charged with murder of two sons of Achhaiber Misra after a dispute over a field demarcation line. The trial court convicted both under s.302 IPC, sentencing Sachchey to death and Bachchey to life imprisonment. The …

PRINCIPAL SECY. GOVT. OF A.P. AND ANR.versusM. ADINARAYANA

2004 INSC 581Appeal(s) allowed

The Anti‑Corruption Bureau investigated M. Adinarayana under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and for acquiring property without prior intimation, and referred the matter to the Tribunal for Disciplinary Proceedings (TDP). The TDP …

IN THE MATTER OF; "RV", A JUDICIAL OFFICER versus

2004 INSC 579Leave Granted & Allowed

The appellant, a subordinate judicial officer, was ordered by a High Court Single Judge to expedite a criminal trial and to explain delays. After the trial judge submitted a detailed written explanation citing massive case pendency, witness numbers, and administrative bottlenecks, the High Court …

EAGLE FLASK INDUSTRIES LTD.versusTELEGAON DABHADE MUNICIPAL COUNCIL AND ORS.

2004 INSC 582Disposed off

Eagle Flask Industries Ltd imported plastic powder, plastic components and glass refills and paid octroi under protest, seeking a refund of the excess duty. The Talegaon Dabhade Municipal Council levied the duty under the Maharashtra Municipalities (Octroi) Rules, and the High Court dismissed the …

STATE OF UTTAR PRADESH AND ORS.versusRAM SUKHI DEVI

2004 INSC 577Leave Granted & Allowed

Ram Sukhi Devi, the widow of a part‑time tubewell operator, applied for a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying‑in‑Harness Rules, 1974. A Government Order dated 26 Oct 1998 excluded dependents of part‑time employees from such …

DOLLY CHHANDAversusCHAIRMAN, JEE AND ORS.

2004 INSC 573Appeal(s) allowed

Dolly Chhanda, daughter of an ex‑serviceman with permanent disability, qualified in the 2003 Joint Entrance Examination for MBBS under the reserved MI category. At the first counselling her father’s certificate from the Zilla Sainik Board mistakenly stated “not eligible”, leading to rejection of her …

RUPADHAR PUJARIversusGANGADHAR BHATRA

2004 INSC 574Leave Granted & Dismissed

In the Pondosguda Gram Panchayat election for Sarpanch, the respondent was declared elected but was later found disqualified under the Orissa Grama Panchayats Act for having more than two children. The appellant filed an election petition seeking to have the respondent's election declared void and …

STATE OF UTTAR PRADESHversusJALAL UDDIN AND ORS.

2004 INSC 578Leave Granted & Allowed

Respondent No.1 filed a writ petition in the Allahabad High Court seeking promotion to Principal of a Government Degree College on the basis of seniority under Rule 16 of the U.P. Higher Education (Group A) Service Rules, 1985. The High Court allowed the petition, directing his promotion. The State …

N. BALAJIversusVIRENDRA SINGH AND ORS.

2004 INSC 575Leave Granted & Allowed

The appellant, N. Balaji, challenged the election of directors of the National Cooperative Consumers Federation of India Ltd., alleging irregularities in the voters list. After multiple representations to the Minister and the Central Registrar and a writ petition, the Delhi High Court directed the …

R. SULOCHANA DEVIversusD.M. SUJATHA AND ORS.

2004 INSC 571Leave Granted & Disposed off

The dispute concerned the seniority and appointment of the principal of Andhra Christian College, a minority institution, between appellant R. Sulochana Devi and respondent D.M. Sujatha. The Regional Joint Director (RJD) initially opined that another lecturer, Mr. P. Andrew, was senior, leading to …

USMAN MIAN AND ORS.versusSTATE OF BIHAR

2004 INSC 572Dismissed

The deceased, Saista Khatoon, was the second wife of appellant No.1 (Usman Mian) and step‑daughter of appellants No.2 and No.3, who were hostile to the marriage. She was found dead on the verandah of the appellants' house with visible injuries; the appellants attempted to bury the body and fled when …

BHARAT PETROLEUM LTD. AND ANR.versusN.R. VAIRAMANI AND ANR.

2004 INSC 569Appeal(s) allowed

Bharat Petroleum Ltd occupied a premises under a lease that expired in 1978 and sought an extension, which the landlord refused. The landlord filed a writ petition for eviction, which the High Court allowed on the basis of Hindustan Petroleum v. Dolly Das, ignoring the tenant's rights under the …

DES RAJ (DECEASED) THROUGH LRS. AND ORS.versusUNION OF INDIA AND ANR.

2004 INSC 570Appeal(s) allowed

The appellants' agricultural lands were acquired under a 1965 notification under Section 4 of the Land Acquisition Act, 1894 and an award of Rs 2,000 per bigha was made in 1969. They, together with other claimants, obtained a reference under Section 18 which raised the award to Rs 2,200, and the …

CHANDI PRASAD AND ORS.versusJAGDISH PRASAD AND ORS.

2004 INSC 567Dismissed

The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined …

U.P. STATE ELECTRICITY BOARDversusSHRI SHIV MOHAN SINGH AND ANR.

2004 INSC 568Appeal(s) allowed

The Supreme Court examined whether apprentices appointed under the Apprentices Act, 1961 become "workmen" under the U.P. Industrial Disputes Act, 1947 and the Industrial Disputes Act, 1947, and whether the requirement in Section 4(4) of the Apprentices Act to send the contract to the Apprenticeship …

SPECIAL LAND ACQUISITION OFFICERversusINDIAN STANDARD METAL CO. LTD.

2004 INSC 566Case Partly allowed

The State acquired about 21 hectares of land owned by Indian Standard Metal Co. Ltd. (the claimant) under a notification issued on 3 February 1970 pursuant to Section 4 of the Land Acquisition Act, 1894. The claimant had earlier purchased part of the land in 1964‑65 and received a portion of the …

T.P. MOIDEEN KOYAversusGOVERNMENT OF KERALA AND ORS.

2004 INSC 565Dismissed

The petitioner T.P. Moideen Koya challenged a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, claiming it was illegal because he was already in custody and the order failed to consider that fact. The same issue had been raised …

STATE OF RAJASTHANversusTEG BAHADUR AND ORS.

2004 INSC 560Dismissed

The State of Rajasthan appealed against the Rajasthan High Court’s acquittal of Teg Bahadur and others, who were charged under Sections 498A, 304B and 201 IPC for the death of Suman within seven years of marriage. The prosecution alleged dowry demand and harassment leading to her death, but many …

ARUN GARGversusSTATE OF PUNJAB AND ANR.

2004 INSC 561Case Partly allowed

Arun Garg was convicted for the dowry death of his wife Seema, who died within three years of marriage after alleged repeated dowry demands and harassment, culminating in her poisoning with aluminium phosphide. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.2,000; …

ASSOCIATED CEMENT COMPANIES LTD.versusSTATE OF BIHAR AND ORS.

2004 INSC 562Appeal(s) allowed

Associated Cement Companies Ltd., a cement manufacturer, was granted sales‑tax exemption on incremental production under Bihar's 1995 Industrial Policy (effective 1‑Apr‑1998 to 31‑Mar‑2007). The company had been adjusting entry tax paid under the Bihar Entry of Goods into Local Areas Act, 1993, …

SHIVAPPA BUDAPPA KOLKAR @ BUDDAPPAGOLversusSTATE OF KARNATAKA AND ORS.

2004 INSC 563Case Partly allowed

The appellant, Buddappa Kolkar, was charged with murder (S.302 IPC) after he struck the deceased, Hanamant Basappa, on the head with an axe during a quarrel over a bullock‑cart passage. The trial court acquitted him, but the Karnataka High Court convicted him of murder. On appeal, the Supreme Court …

ANURAG PATELversusU.P. PUBLIC SERVICE COMMISSION AND ORS.

2004 INSC 564Dismissed

In 1990 the Uttar Pradesh Public Service Commission conducted a combined State Services/Upper Subordinate Services examination for 358 posts, of which 57 were reserved for Backward Classes. The Commission allocated reserved‑category candidates to posts without giving due consideration to their …

GANGADHAR JANARDAN MHATREversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 556Dismissed

The appellant, Gangadhar Janardan Mhatre, filed a writ petition under Article 226 seeking transfer of the investigation of a FIR in which his brother was allegedly killed. The High Court dismissed the petition, holding that the case was already before the Sessions Court and that the writ was not the …

HARDEEP SINGH SOHAL ETC.versusSTATE OF PUNJAB THROUGH CBI

2004 INSC 557Appeal(s) allowed

The appellants, doctors Hardeep Singh Sohal and Surinder Singh Sandhu, were convicted for the murder of Dr. Megh Raj Goel based largely on a confession recorded from the alleged conspirator Balwinder Singh under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and …

CHAIN SINGHversusMATA VAISHNO DEVI SHRINE BOARD AND ANR.

2004 INSC 558Disposed off

The Supreme Court examined writ petitions filed by employees and shop tenants of the Shri Mata Vaishno Devi Shrine Board, which the Jammu & Kashmir High Court had dismissed on the ground that the Board was not a "State" within Article 12 and therefore not amenable to writ jurisdiction. The Court …

STATE OF RAJASTHAN AND ANR.versusJ.K. UDAIPUR UDYOG LTD. AND ANR.

2004 INSC 559Appeal(s) allowed

The Rajasthan government introduced a Sales Tax Exemption Scheme for industries under its Fourth Industrial Policy, classifying cement units under different categories. Two sick cement manufacturers applied for exemption claiming parity with new units, but while their applications were pending the …

EXECUTIVE ENGINEER ZP ENGG. DIVN. AND ANR.versusDIGAMBARA RAO

2004 INSC 550Appeal(s) allowed

The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their …

M/S. SANGHAM TAPE COMPANYversusHANS RAJ

2004 INSC 551Dismissed

The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but …

STATE OF PUNJABversusJAGIR SINGH

2004 INSC 552

Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought …

STATE OF UTTAR PRADESHversusSECTION OFFICER BROTHERHOOD AND ANR.

2004 INSC 553Appeal(s) allowed

The Allahabad High Court staff—including Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars—filed writ petitions seeking higher pay scales on parity with their counterparts in the Delhi High Court. The Chief Justice of the Allahabad High Court merely forwarded their …

HARYANA URBAN DEVELOPMENT AUTHORITYversusSOMA DEVI

2004 INSC 554Disposed off

The Haryana Urban Development Authority (HUDA) allotted a plot to Soma Devi, who paid a substantial sum but was not given possession due to litigation. She filed a consumer complaint seeking a refund; the District Forum ordered a refund with 18% interest, which was upheld by the National Consumer …

CHANDIGARH ADMINISTRATION AND ORS.versusNAMIT KUMAR AND ORS.

2004 INSC 555Disposed off

The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a …

SUMAN VERMAversusUNION OF INDIA AND ORS.

2004 INSC 545Leave Granted & Dismissed

Suman Verma was appointed as Extra Departmental Branch Post Master (EDBPM) in 1996, satisfying the statutory qualifications of passing the Matriculation Examination and possessing agricultural land. Respondent No.6 challenged the appointment before the Central Administrative Tribunal (CAT), …

M/S. NANDI INVESTMENTS AND ENTERPRISESversusL.M. SARAVAMANGALA

2004 INSC 546Case Partly allowed

The respondent filed a suit for recovery of Rs.2,20,000 with interest against the appellant firm. After a series of decrees and execution proceedings, the appellant paid amounts but disputed that interest had been calculated twice and that interest on interest was added, and also claimed that …

UNITED INDIA INSURANCE CO. LTD.versusM/S. HARCHAND RAI CHANDAN LAL

2004 INSC 547Leave Granted & Allowed

The insured, M/s Harchand Raj Chandan Lal, purchased a burglary insurance policy from United India Insurance Co. Ltd. that defined "burglary" as theft involving forcible and violent entry. During the policy period, bags of grain were stolen from the insured's godown without any force or violence, …

COMMISSIONER OF CENTRAL EXCISE, PONDICHERRYversusM/S. ACER INDIA LTD.

2004 INSC 544Dismissed

The Commissioner of Central Excise (Pondicherry) challenged Acer India Ltd.'s practice of deducting the value of operational software from the assessable value of computers for central excise purposes. The Revenue argued that the software, being loaded in the hardware, formed part of the computer …

HARYANA URBAN DEVELOPMENT AUTHORITYversusSAURABH AGGARWAL

2004 INSC 548Disposed off

The Haryana Urban Development Authority (HUDA) allotted a plot to Saurabh Aggarwal, who paid substantial sums but was not given possession. The District Consumer Forum awarded interest at 18% per annum on the deposits; the State Forum reduced it to 15%, and the National Consumer Disputes Redressal …

DHANRAJversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2004 INSC 549Leave Granted & Dismissed

The owner of a Jeep, who had a comprehensive motor insurance policy, was injured along with passengers in an accident. The Motor Accident Claims Tribunal ordered both the driver and the insurer to pay compensation to the owner, but the insurer appealed and the High Court held it not liable. The …

KISHORI LALversusRUPA AND ORS.

2004 INSC 541Leave Granted & Allowed

The respondents were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. While on trial they had been on bail and allegedly did not misuse that liberty, and later filed an application under CrPC s.389 seeking suspension of the sentence and bail. The Allahabad High …

KUNTI DEVIversusSOM RAJ AND ANR.

2004 INSC 542Leave Granted & Disposed off

Kunti Devi (wife) filed a criminal complaint under Section 494 read with Section 109 of the Ranbir Penal Code alleging that her husband Som Raj contracted a second marriage while the first marriage was still subsisting. The High Court, relying on Krishna Gopal Divedi v. Prabha Divedi, quashed the …

AKKAYANAICKERversusA.A.A. KOTCHADAINAIDU AND ANR.

2004 INSC 543Appeal(s) allowed

The appellant obtained a decree for a debt on 2 May 1973 and filed an execution petition the same year, which was stayed due to a legislative bar under the Tamil Nadu Indebted Agriculturists (Temporary Relief) Ordinance and subsequent Acts. The decree was later scaled down and amended on 18 October …

KACHRULAL BHAGBIRATH AGRAWAL AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 538Dismissed

The appellants, wholesale dealers in dry chillies, stored and handled large quantities of chillies in a godown located in a residential locality. Residents complained that the loading, unloading and storage caused health problems and physical discomfort, and invoked Section 133(1)(b) of the Code of …

PRITAM SINGHversusUNION OF INDIA AND ORS.

2004 INSC 539Leave Granted & Allowed

The appellant, a Head Clerk with 31 years of commendable service in the Northern Railways, supplied an "absentee" statement to a co‑worker who was litigating against the Railways. The Railway disciplinary authority treated this act as a serious misconduct, held the appellant guilty of leaking …

GOVERNMENT OF INDIAversusG. LIMBADRI RAO AND ORS.

2004 INSC 540Leave Granted & Allowed

The Government of Andhra Pradesh issued a letter on 25 October 2001 calling for proposals for the IAS (Appointment by Selection) for the year 2002, but mistakenly wrote "2001" in the subject line. The first respondent, G. Limbadri Rao, argued that the typo meant the eligibility year was 2001, and …

MADHU GARGversusUNION OF INDIA AND ANR.

2004 INSC 536Appeal(s) allowed

The appellants, husband and brother of the petitioner, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act on the grounds of alleged misdeclaration of an export consignment (claimed as alloy steel forging but allegedly metal …

NATIONAL INSURANCE CO. LTD.versusCHALLA UPENDRA RAO AND ORS.

2004 INSC 537Leave Granted & Disposed off

Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles …

STATE OF U.P. AND ANR.versusSANJAI PRATAP GUPTA@ PAPPU AND ORS.

2004 INSC 533Leave Granted & Allowed

The Supreme Court examined the detention of Sanjai Pratap Gupta (Pappu) under Section 3(2) of the National Security Act, 1980. The detention order cited two grounds: his criminal antecedents and a specific incident involving murder on 13 October 2002. The High Court quashed the order, holding the …

PRITHVI RAJ AND ORS.versusKAMLESH KUMAR AND ANR.

2004 INSC 534Appeal(s) allowed

The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation …

KENDRIYA VIDYALAYA SANGATHANversusDAMODAR PRASAD PANDEY AND ORS.

2004 INSC 535Leave Granted & Allowed

A teacher employed by Kendriya Vidyalaya Sangathan (KVS) in Jabalpur, Madhya Pradesh, was transferred to Jammu & Kashmir and challenged the order before the Central Administrative Tribunal, alleging malafides and a punitive motive, and also seeking a joint posting with his wife. The Tribunal …

SIRI RAM BATRA AND ORS.versusFINANCIAL COMMISSIONER, DELHI AND ORS.

2004 INSC 527Dismissed

The appellants, original bhumidars of Khasra No. 324, had earlier received plot No. 679 as compensation and thereby lost any interest in the original land. The land was later sold to respondent No. 3, who, after the amendment of the East Punjab Holding (Consolidation & Prevention of Fragmentation) …

PRAMOD MANDALversusSTATE OF BIHAR

2004 INSC 528Dismissed

The appellant, Pramod Mandal, was convicted under Section 396 IPC for a dacoity and murder that occurred on 13 January 1989. He appealed to the Supreme Court, challenging the conviction on the ground that the Test Identification Parade (TIP) was held about a month after the incident and that only …

DIPESH CHANDAKversusUNION OF INDIA

2004 INSC 529Leave Granted & Disposed off

Dipesh Chandak, an accused in the Bihar fodder scam, was granted a pardon by a Special CBI Judge under Section 306 of the Criminal Procedure Code on the condition that he make a full and complete disclosure of the misappropriation of funds. The Income Tax Department later issued a show‑cause notice …